Brehon Statement Regarding Legacy Decision to U.K. Supreme Court

 

May 8, 2026
New York City

Yesterday, the United Kingdom Supreme Court breathed unnecessary life into the largely detested Legacy legislation that was passed by the previous Conservative government in 2023. The legislation ended civil court cases filed by victims, replacing it with a commission that was strongly opposed by Irish people throughout the island.

It was opposed because it strips victims and their families, who suffered during the Troubles, of the opportunity to get justice through the court system. The legislation was motivated by the need to suppress the involvement of the British government as a malign force during the Troubles. For example, the legislationallows the British government to prevent the Commission from reviewing evidence that the government considers to be sensitive, stacking the deck against victims of Britishgovernment collusion.

The U.K. Supreme Court sided with the British government andstated that the 2023 Legacy legislation can stand because the Supreme Court could not conclude that investigations by theCommission will be incompatible with human rights “in every case”.

When Prime Minister Keir Starmer and his Labor government came to power in 2024, they promised a reset in Anglo-Irish relations. Key to rebuilding good faith between the governments was the need to replace the 2023 Legacy Act withnew legislation that prioritized victims and their families. That proposed legislation is still tied up while victims get older and justice is delayed.

On St. Patrick’s Day, the Irish leader, Taoiseach Mícheál Martin, sat in the Oval Office while President Trump heavily criticized Keir Starmer. Astonishingly, and with impeccable timing, the Taoiseach intervened and used his moment to staunchly defend Keir Starmer in front of the eyes of the world. The Taoiseach stated that he wanted his views on Starmer to be put “on the record”.

Well Mícheál, you had better call in that favor now. Pick up the phone and tell Keir to pass victim centered legislation. And while you’re at it, tell him (and yourself) that Irish people – north, south, east and west – are ready for the referendum on unity that was envisioned by the Good Friday Agreement.

Deirdre Feerick
President, Brehon Law Society of New York